Central District Consumer Bankruptcy Attorney's Association

I also had a client in a confirmed Chapter 13 case die this month, leaving a joint debtor spouse. I called Nancy Curry to inform her and she didn't believe anything had to be filed, and that the surviving joint debtor spouse could proceed in the Chapter 13 case with no problem (assuming she could still make Plan payments).
Jim
James R. Selth
Certified Bankruptcy Specialist*
Weintraub & Selth, APC
11766 Wilshire Boulevard, Suite 1170
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
*Certified by State Bar of California as Certified Legal Specialist in Bankruptcy Law

The post was migrated from Yahoo.

This sounds like an interesting premise for a noir murder mystery. "B is
for Bankruptcy"?
John D. Faucher
Faucher & Associates
*818/889-8080*
On Thu, Jul 11, 2013 at 9:05 AM, vicki temkin wrote:
> **
>
>
> Holly, you need younger clients!
>
>
> Law Office of Vicki L. Temkin
> mailing address:
> 15021 Ventura Blvd., Ste. 753
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
> www.vtemkinlaw.com
>
> ------------------------------
> *From:* Holly Roark
> *To:* cdcbaa ; Strictly Bankruptcy Issues BK@mail.nacba.org>
> *Sent:* Thursday, July 11, 2013 8:33 AM
> *Subject:* [cdcbaa] Re: Client in unconfirmed Chapter 13 died.
>
>
> Well since I posted this last night, a SECOND client of mine died. That's
> 2 in less than 24 hours.
>
> The first one is single, in an unconfirmed ch 13 plan; the second one was
> in a confirmed plan and leaves a spouse who is a joint debtor.
>
>
> On Thursday, July 11, 2013, Holly Roark wrote:
>
> I have seen this issue come up before and was searching for posts but I
> can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died.
> I believe I have read on here that there is something I can do to obtain a
> discharge for her estate. If anyone can point me in the right direction as
> to how to handle, I would appreciate it.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
>
>
This sounds like an interesting premise for a noir murder mystery. "B is for Bankruptcy"?
John D. Faucher
Faucher & Associates818/889-8080
On Thu, Jul 11, 2013 at 9:05 AM, vicki temkin <Vtemkin@yahoo.com> wrote:
Holly, you need younger clients! Law Office of Vicki L. Temkinmailing address:
The post was migrated from Yahoo.

They were relatively young. One had had a liver transplant (hard living),
and one killed himself (divorce pending). Sad week.
On Thursday, July 11, 2013, vicki temkin wrote:
> **
>
>
> Holly, you need younger clients!
>
>
> Law Office of Vicki L. Temkin
> mailing address:
> 15021 Ventura Blvd., Ste. 753
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
> www.vtemkinlaw.com
>
> ------------------------------
> *From:* Holly Roark >
> *To:* cdcbaa >; Strictly Bankruptcy Issues BK@mail.nacba.org >
> *Sent:* Thursday, July 11, 2013 8:33 AM
> *Subject:* [cdcbaa] Re: Client in unconfirmed Chapter 13 died.
>
>
> Well since I posted this last night, a SECOND client of mine died. That's
> 2 in less than 24 hours.
>
> The first one is single, in an unconfirmed ch 13 plan; the second one was
> in a confirmed plan and leaves a spouse who is a joint debtor.
>
>
> On Thursday, July 11, 2013, Holly Roark wrote:
>
> I have seen this issue come up before and was searching for posts but I
> can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died.
> I believe I have read on here that there is something I can do to obtain a
> discharge for her estate. If anyone can point me in the right direction as
> to how to handle, I would appreciate it.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com 'holly@roarklawoffices.com');> **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
> **For a quicker response, email me at holly@roarklawoffices.com.
>
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
>
>
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
They were relatively young. One had had a liver transplant (hard living), and one killed himself (divorce pending). Sad week. On Thursday, July 11, 2013, vicki temkin wrote:
The post was migrated from Yahoo.

Holly, you need younger clients!
Law Office of Vicki L. Temkin
mailing address:
15021 Ventura Blvd., Ste. 753
Sherman Oaks, Ca 91403
Ph:(818) 501-4658 /Fx:(818) 501-0903
www.vtemkinlaw.com
>________________________________
>To: cdcbaa ; Strictly Bankruptcy Issues
>Sent: Thursday, July 11, 2013 8:33 AM
>Subject: [cdcbaa] Re: Client in unconfirmed Chapter 13 died.
>
>
>
>
>Well since I posted this last night, a SECOND client of mine died. That's 2 in less than 24 hours.
>
>
>The first one is single, in anunconfirmed ch 13 plan; the second one was in a confirmed plan and leaves a spouse who is a joint debtor.
>
>
>On Thursday, July 11, 2013, Holly Roark wrote:
>
>I have seen this issue come up before and was searching for posts but I can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died. I believe I have read on here that there is something I can do to obtain a discharge for her estate. If anyone can point me in the right direction as to how to handle, I would appreciate it.
>>
>>
>>Holly Roark
>>Certified Bankruptcy Specialist*
>>holly@roarklawoffices.com**primary email address**
>>www.roarklawoffices.com
>>Central District of California
>>Consumer Bankruptcy Attorney
>>1875 Century Park East, Suite 600
>>Los Angeles, CA 90067
>>T (310) 553-2600
>>F (310) 553-2601
>>*By State Bar of California Board of Legal
Specialization
>>
>>**For a quicker response, email me at holly@roarklawoffices.com.
>>I only use gmail for my listservs, and am likely to miss private emails
>>directed to my gmail account.**
>>
>
>--
>
>Holly Roark
>Certified Bankruptcy Specialist*
>holly@roarklawoffices.com**primary email address**
>www.roarklawoffices.com
>Central District of California
>Consumer Bankruptcy Attorney
>1875 Century Park East, Suite 600
>Los Angeles, CA 90067
>T (310) 553-2600
>F (310) 553-2601
>*By State Bar of California Board of Legal
Specialization
>
>**For a quicker response, email me at holly@roarklawoffices.com.
>I only use gmail for my listservs, and am likely to miss private emails
>directed to my gmail account.**
>
>
>
>
>

The post was migrated from Yahoo.

Well since I posted this last night, a SECOND client of mine died. That's
2 in less than 24 hours.
The first one is single, in an unconfirmed ch 13 plan; the second one was
in a confirmed plan and leaves a spouse who is a joint debtor.
On Thursday, July 11, 2013, Holly Roark wrote:
> I have seen this issue come up before and was searching for posts but I
> can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died.
> I believe I have read on here that there is something I can do to obtain a
> discharge for her estate. If anyone can point me in the right direction as
> to how to handle, I would appreciate it.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com 'holly@roarklawoffices.com');> **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
>
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Well since I posted this last night, a SECOND client of mine died. That's 2 in less than 24 hours.The first one is single, in anunconfirmed ch 13 plan; the second one was in a confirmed plan and leaves a spouse who is a joint debtor.
On Thursday, July 11, 2013, Holly Roark wrote:I have seen this issue come up before and was searching for posts but I can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died. I believe I have read on here that there is something I can do to obtain a discharge for her estate. If anyone can point me in the right direction as to how to handle, I would appreciate it.
Holly RoarkCertified Bankruptcy Specialist*

The post was migrated from Yahoo.

You cannot obtain a discharge in the chapter 13 at this early stage. Only if the case was at the point where you could pursue obtaining a hardship discharge would it be possible. The decedent's estate is not eligible to be a debtor in bankruptcy so conversion to a 7 is not possible. The statute of limitations for creditors to pursue claims against the decedent's estate is 1 year from death. It might be advisable to wait for the year to expire and then pursue a probate case if one is required. Creditors can't sue a decedent so they would have open a probate administration for the opportunity to collect.
You might want to look at the outline posted on the yahoo list serve from the October 2012 seminar Pat Green and I presented.
Mark Jessee
Sent from my iPhone
On Jul 11, 2013, at 12:38 AM, Holly Roark wrote:
> I have seen this issue come up before and was searching for posts but I can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died. I believe I have read on here that there is something I can do to obtain a discharge for her estate. If anyone can point me in the right direction as to how to handle, I would appreciate it.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>

The post was migrated from Yahoo.

I have seen this issue come up before and was searching for posts but I
can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died.
I believe I have read on here that there is something I can do to obtain a
discharge for her estate. If anyone can point me in the right direction as
to how to handle, I would appreciate it.
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
I have seen this issue come up before and was searching for posts but I can't find them. My client in an unconfirmed chapter 13 (Curry/VZ) died. I believe I have read on here that there is something I can do to obtain a discharge for her estate. If anyone can point me in the right direction as to how to handle, I would appreciate it.
Holly RoarkCertified Bankruptcy Specialist*
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.